How Is Evidence Gathered for a DUI Trial in Florida?

How is evidence collected for a DUI case in Florida?

As a criminal charge, a DUI can carry severe penalties that can significantly alter your life. If convicted, you could face heavy fines, the loss of your driver’s license, and even your freedom. Fortunately, you have the legal right to gather evidence and fight the charges against you. However, it may be challenging to determine the right way to collect evidence and use it effectively on your own.

Following a Florida DUI arrest, it is critical to contact an experienced DUI defense attorney as soon as possible. Your lawyer will act proactively to collect all of the facts and evidence pertaining to your case to fight the charges against you and protect your rights. 

How Your Lawyer Can Collect Evidence for Your Florida DUI Trial

After your arrest, your lawyer can file a motion for discovery. During the discovery process, the prosecution must turn over all evidence against you to your attorney. Additionally, they must turn over exculpatory evidence. Exculpatory evidence is evidence that can work in your favor rather than being used against you. Even though it will help your case and make it more challenging for the prosecutor to establish your guilt, they are still required to provide it upon your lawyer’s request. If your lawyer suspects the prosecutor is suppressing evidence in your favor, they can take further legal action to ensure the evidence is collected. 

Your attorney can depose any witnesses to your DUI stop during the discovery process. In a deposition, the witness must meet with your lawyer to deliver a sworn statement ahead of the trial. These statements can help your lawyer prepare for what the witness may say during the trial and gather additional information on your case. If their testimony works in your favor, your lawyer may be able to use it to reduce your charges or suppress unlawfully obtained evidence against you.

Essential Pieces of Evidence For Your Florida DUI Case

It is crucial to collect evidence that works in your favor as well as evidence that could be used against you. Both types of evidence are vital for your lawyer to prepare for your case and establish your innocence. Some essential pieces of evidence your lawyer should gather include:

  • Police reports of the DUI
  • Reports detailing field sobriety tests
  • The results of any blood or breath tests used to determine your Blood Alcohol Concentration (BAC)
  • Any video footage of your driving
  • Any video footage of the stop and arrest
  • Evidence of the testing machine’s calibration
  • Witness testimonies

Most if not all of this evidence will be collected and held by the police until your lawyer initiates the discovery process. With all of the evidence in hand, your lawyer will be able to advise you on all of your legal options moving forward. A complete understanding of your case will help your lawyer craft the best possible defense for your situation.

Contact a Premier DUI Defense Attorney at the Law Offices of Robert H. Hanaford

If you have been charged with a DUI in Florida, you need an attorney with extensive evidence-gathering experience on your side. Attorney Robert H. Hanaford understands the stress you are under and everything at stake in your case. He is committed to being available to every client and treating them like friends. Since 1982, attorney Hanaford has had years of experience defending complex criminal cases and achieving favorable outcomes for his clients accused of DUIs. To learn more about how he can defend your case, call us today at (239) 315-9750 or complete our contact form.

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